A EDUCAÇÃO DOMICILIAR: O HOMESCHOOLING COMO UM DIREITO DE STATUS NEGATIVO E MEIO DE PROTEÇÃO INTEGRAL DA CRIANÇA E DO ADOLESCENTE

Abstract

In Brazil, the practice of homeschooling was born in the face of the failure of the education system applied in the country. Current researches that many of the various results are not able to interpret a text. Faced with this scenario, families began to verify that there is another way to guarantee education, that is, home education. It is the exercise of freedom of choice, which, according to Georg Jellinek's theory, is a right of negative status, where the State should abstain, which does not mean there is no need for regularization. The position of the Federal Supreme Court and the local norms that oblige parents to enroll their children in school cannot be greater than the freedom guaranteed by the Constitution, even if implicit by international human rights treaties already internalized in the country. We are not militate here for the abolition of school, but for the recognition that home education is one more means of achieving education, and the choice for this method must be respected by the State, because it undoubtedly observes integral protection much more. of the child and adolescent. For this survey, a qualitative approach was used bibliographical and documental basis, being the data collected and the hypothetical-deductive scientific method.